HomeMy WebLinkAbout2010-1685.McIIwain.12-11-01 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2010-1685
UNION#2010-0163-0019
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(McIlwain) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Reva Devins Vice-Chair
FOR THE UNION Val Patrick
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Michael O’Reilly
Liquor Control Board of Ontario
Director, HR Services Western Region
Lori Thorpe
Liquor Control Board of Ontario
HR Advisor, HR Services Western Region
HEARING October 26, 2012.
- 2 -
Decision
[1] The parties have agreed to an expedited mediation-arbitration process to effect the timely
disposition of grievances. The parties specifically agreed that this matter was properly
referred for expedited mediation-arbitration and, after a failed mediation effort, that the
Vice Chair should issue a written decision that is without prejudice or precedent.
[2] The Grievor is a long service casual employee. He requested a transfer in 1995 on
compassionate grounds, from his then home store in Fergus to a store in Petrolia. The
Employer considered his circumstances and declined to transfer him with full seniority. As
was the practice at that time, he was advised that he would have to resign at the Fergus
store and reapply in Petrolia. He was also told that he would be rehired in the new location,
but that he would be treated as a new hire and would lose the seniority that he had
accumulated in his previous location. The Grievor relocated to Petrolia and has
periodically asked the Employer to reconsider its original decision.
[3] In a grievance dated July 21, 2010, the Grievor now grieves the Employer’s failure to grant
him a compassionate transfer in 1995 and the attendant loss of seniority. He shared the
personal reasons for his transfer request, some of which had been previously disclosed to
management.
[4] The Employer submitted that it considered the Grievor’s request in 1995 and exercised its’
discretion in accordance with the standard practice at that time, which was to grant a
transfer only where it determined that there were exceptional circumstances that had been
documented by the employee. In this instance, management was not persuaded that there
were extraordinary circumstance that warranted the exercise of its’ discretion. They
subsequently discussed the matter with the Grievor on a number of occasions.
- 3 -
[5] Having considered the submissions of the parties, I have determined that there is no
evidence that the Employer acted in a manner that was arbitrary, discriminatory or in bad
faith. Moreover, a very considerable period of time has elapsed between the date of the
Grievor’s move and the filing of his grievance. Therefore, I am not persuaded that it would
be appropriate to interfere with management’s refusal to transfer the Grievor with full
seniority.
[6] The grievance is dismissed.
Dated at Toronto this 1st day of November 2012.
Reva Devins, Vice-Chair